New York judge arrested, led from courthouse in handcuffs

The case of Rochester City Court Judge Leticia Astacio has had many twists and turns. Get caught up now.
Victoria Freile, Virginia Butler

Judge Leticia Astacio of Rochester (N.Y.) City Court is escorted into an elevator in handcuffs June 5, 2017, after a meeting with her New York Supreme Court supervisor in the Monroe County Hall of Justice in Rochester.(Photo: Max Schulte, Rochester (N.Y.) Democrat and Chronicle)

Rochester court deputies and city police officers executed a bench warrant issued for Judge Leticia Astacio's arrest last week after she missed a Tuesday court appearance related to an August drunken-driving conviction.

Astacio, a Rochester City Court judge, smiled and said hello to the gaggle of reporters waiting for her at the fifth floor elevator bank of the Monroe County Hall of Justice where officers marched her off to be processed at the nearby Rochester Public Safety Building. She returned later to the courthouse for an arraignment before Judge Stephen Aronson of Canandaigua City Court, who issued the warrant and is overseeing her drunken-driving case.

He ordered her held without bail in Monroe County Jail until a Thursday hearing. The reason she missed her court appearance last week was because she had been living in a temple with monks in the mountains of Thailand since May 3, she had texted to her lawyer.

"You're doing everything to show you don't care what happens to your public trust," Aronson said.

In court Monday, Aronson offered Astacio a deal: Plead guilty to violating her initial drunk-driving sentence and receive 45 days in jail, two years of probation and six months on an ankle monitor. She declined and was ordered to jail.

“You're doing everything to show you don't care what happens to your public trust.”

Judge Stephen Aronson, Canandaigua (N.Y.) City Court

On Feb. 13, 2016, Astacio was arrested around 8 a.m. ET on her way to City Court after New York state troopers were summoned to what appeared to be a one-car crash Interstate 490. She refused to take a Breathalyzer test

On Aug. 22, she was sentenced to a one-year conditional discharge that was extended to February 2018 after she admitted violating two conditions: abstaining from alcohol and not driving under the influence.

Astacio, a Democrat who was elected to a 10-year term in 2014, also was in court in March when she beat four allegations that she violated the conditions of her sentence. One alleged that she twice drank alcohol, and three others were related to the use and maintenance of her ignition interlock device, which prevents a vehicle from starting if a driver has had too much to drink.

In May, Astacio was summoned to court after her interlock device on April 29 registered a blood-alcohol-content reading of 0.0651%. A vehicle will start only if a person's blood-alcohol content is below 0.03%.

Astacio, who worked as a prosecutor for a time in 2009 in the Driving While Intoxicated Bureau of the Monroe County District Attorney's Office, denied consuming alcohol and contended that her daughter had registered the reading, said her lawyer, Ed Fiandach. It is not illegal for another person to drive a car outfitted with an interlock device meant for someone else.

After the reading, which Fiandach said occurred near the beginning of May, Aronson asked that Astacio take a urine test that detects ethyl glucuronide, a byproduct of alcohol, and submit the results to the court. She did not, so she was summoned to court Tuesday and did not appear because she was in Thailand.

Why Astacio had not been arrested when she returned to the United States over the weekend was not immediately clear. She had told Fiandach that she had bought a one-way ticket to Thailand and would be there until some time in August.

She returned to Rochester because her supervising judge, Justice Craig Doran of the New York State Supreme Court, had directed she attend a 9 a.m. Monday meeting in his office at the Monroe County Hall of Justice, expressing concern in a letter that her behavior constituted a "voluntary abandonment of public office" that would be deemed a breach of her judicial responsibilities if she failed to show up.

"You are self-sabotaging any chance you have to return to the bench," Aronson said in court, telling Astacio that her attitude appeared to be contemptuous.

Though she still receives her paycheck, Astacio has been prohibited from presiding over cases since before her drunken driving conviction in August and has been barred from entering non-public areas of the courthouse since November. She has continued to receive her $173,700 salary because she remains an elected judge.

Her supervisors, state Supreme Court Judge Craig Doran and City Court Judge Teresa Johnson, told Astacio Monday that she will required to conduct research in the courthouse law library Monday through Friday, whenever court is in session.

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Judge Leticia Astacio and her sister laugh at something said in the conversation she was having with one of her attorneys, Neil Gunther. There was a delay in court proceedings due to misunderstanding of the time of AstacioÕs arraingnment by an attorney representing the Monroe County District AttorneyÕs Office. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Judge William Kocher looks at the signed grand jury report that the attorneys thought at first wasn't signed. The report came later than their initial copies. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Judge William Kocher listens as attorneys Barry Porsch, Mark Foti and Neil Gunther, talk about allowing Foti to review the grand jury minutes. Porsch, who is acting prosecutor for the Monroe County District AttorneyÕs Office, is going to allow Foti and Gunther to review them. Porsch is the district attorney for Seneca County. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Judge Leticia Astacio listens as her attorney Mark Foti talks to her quietly about being allowed to review grand jury minutes. Astacio can not be present during the review. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Mark Foti, attorney for Judge Leticia Astacio, receives a document from Seneca County District Attorney Barry Porsch, who is acting as a prosecutor for the Monroe County District Attorney’s office. Tina MacIntyre-Yee/Rochester Democrat and Chronicle

Rochester City Court Judge Leticia Astacio argues with the judge as she is taken back into custody, and to jail without bail, during a probation violation hearing Thursday. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio argues with the judge as she is taken back into custody, and to jail without bail, during a probation violation hearing Thursday, Nov. 9. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio argues with the judge as she is taken back into custody, and to jail without bail, during a probation violation hearing Thursday. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio argues with the judge as she is taken back into custody, and to jail without bail, during a probation violation hearing Thursday. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio checks her phone at the moment Judge Stephen Aronson orders her taken into custody and held without bail during a probation violation hearing. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio is released from jail following a hearing at the the Hall of Justice in downtown Rochester Friday, Nov. 3, 2017. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio is released from jail following a hearing at the the Hall of Justice in downtown Rochester Friday, Nov. 3, 2017. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio, seated with her lawyer, Gregory Salmon, reacts as Ontario County Judge Stephen Aronson orders her held without bail, during a hearing on breaking her probation Monday at the Hall of Justice in Rochester. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio, her lawyer Gregory Salmon at left, is taken into custody and held without bail, during a hearing on breaking her probation Monday at the Hall of Justice in Rochester. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio, her lawyer Gregory Salmon at right, is taken into custody and held without bail, during a hearing on breaking her probation. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio, left, listens as her lawyer Gregory Salmon argues for release after being ordered to be held without bail, during a hearing on breaking her probation. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Judge Stephen Aronson orders Rochester City Court Judge Leticia Astacio be taken into custody and held without bail, during a hearing on breaking her probation. SHAWN DOWD/@sdowdphoto/, SHAWN DOWD/@sdowdphoto/staff pho

Rochester City Court Judge Leticia Astacio collapses into her chair as she reacts to her daughter's outburst Thursday at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio stands Thursday and cries out at her daughter's outburst at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. At right is her defense attorney Bridget Field. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio stands Thursday and cries out after her daughter's outburst at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. At right is her defense attorney Bridget Field. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio is taken from court after her receiving a 60-day sentence for violating the terms of her 2016 drunk driving conviction Thursday, July 6, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio is taken from court after her receiving a 60-day sentence for violating the terms of her 2016 drunk driving conviction Thursday, July 6, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio reacts to her daughter's outburst Thursday at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. At right is her defense attorney Bridget Field. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio cries out as shereacts to her daughter's outburst Thursday at Judge Stephen Aronson after Astacio received a 60-day sentence for violating the terms of her 2016 drunk driving conviction. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, center, talks with her attorney, Edward Fiandach, during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, left, with her attorney, Edward Fiandach, listen as Judge Stephen Aronson finds her guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, seated center, with her attorney, Edward Fiandach, seated right, calls out to her supporters in the gallery who were yelling "Racist!" after she was found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, seated center, with her attorney, Edward Fiandach, seated right, calls out to her supporters in the gallery who were yelling "Racist!" after she was found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, center, with her attorney, Edward Fiandach, seated right, calls out to her supporters in the gallery who were yelling "Racist!" after she was found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, seated center, with her attorney, Edward Fiandach, seated right, listen as she is found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, center, is taken back to jail after she was found guilty of breaking the conditions of her DWI sentence during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Rochester City Court Judge Leticia Astacio, seated right, listens as her attorney, Edward Fiandach, right, argues for her release from jail during her hearing at the Hall of Justice in Rochester Thursday, June 8, 2017. SHAWN DOWD/@sdowdphoto/, STAFF PHOTOGRAPHER

Judge William Kocher holds up a court document and tells them that the court matter should proceed as a procedure on whether she was being held lawfully and not as a bail hearing. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Judge Leticia Astacio and her attorney, Edward Fiandach listen as the judge talks about events that were discussed and occurred overnight in regards to who Astacio’s case. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Judge Leticia Astacio is held without bail on June 5, 2017, until her next court appearance. Astacio walks with deputies back to be taken to jail after her arraignment. TINA MACINTYRE-YEE, @tyee23/staff photographer

Judge Stephen Aronson addresses Judge Leticia Astacio about her missing her last court appearance and not turning herself in after a bench warrant was issued. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Judge Leticia Astacio heads into the Monroe County Sheriff’s Office to get processed after being arrested on a bench warrant. She was arraigned approximately an hour later. TINA MACINTYRE-YEE/ @tyee23/staff photographer

Leticia Astacio speaks with her attorney, Edward Fiandach, before her hearing where Judge Stephen Aronson ruled Monday that she did not violate her post-release conditions imposed after her drunken driving conviction last year. MAX SCHULTE, @maxrocphoto/staff phototgrpaher

Judge Leticia Astacio is surrounded by media as she leaves City Court after another appearance for violating her post-conviction conditions. She is scheduled back in court on March 3rd. Jamie Germano/@jgermano1/Staff Photographer

Judge Leticia Astacio and her daughter are pictured blowing into the interlock device at 11:50 a.m. and 11:34 a.m., respectively, on Jan. 12, 2017. A minute after Astacio blew into the device, at 11:51 a.m., the device recognized a problem and read, "Abort - Fuel Cell Offset." Photo provided

Judge Leticia Astacio is surrounded by media as she leaves City Court after another appearance for allegedly violating her post-conviction conditions. She is scheduled back in court on March 3. Jamie Germano/@jgermano1/Staff Photographer

Judge Leticia Astacio is surrounded by media as she leaves City Court after another appearance for allegedly violating her post-conviction conditions. She is scheduled back in court on March 3. Jamie Germano/@jgermano1/Staff Photographer

Rochester City Court Judge Leticia D. Astacio in August enters court with her attorney Ed Fiandach to find out the verdict in her bench trial in August. She was found guilty of driving while intoxicated. TINA MACINTYRE-YEE/@tyee23/File photo